When Is FMCSA Post-Accident Drug and Alcohol Testing Required?

FMCSA post-accident testing turns on what happened in the accident and whether the commercial motor vehicle (CMV) driver received a citation for a moving traffic violation. The rule applies to an occurrence involving a CMV operating on a public road in commerce (49 CFR 382.303(a) and (b)).

When a test is required. The employer tests each surviving driver for alcohol and controlled substances when:

• A person died. The driver was performing safety-sensitive functions with respect to the vehicle. No citation is needed.
• A person was injured and treated away from the scene. The driver received a citation for a moving traffic violation arising from the accident.
• A vehicle was towed. Any motor vehicle had disabling damage and was towed from the scene, and the driver received a citation for a moving traffic violation arising from the accident (49 CFR 382.303(a) to (c)).

Citation windows. The citation must come within 8 hours of the occurrence for the alcohol test and within 32 hours for the drug test (49 CFR 382.303(a)(2) and (b)(2)).

Time limits.

• Alcohol. If the test is not done within 2 hours, the employer records why. After 8 hours, the employer stops trying and keeps the same record (49 CFR 382.303(d)(1)).
• Drugs. After 32 hours, the employer stops trying and records why the test was not done (49 CFR 382.303(d)(2)).

Driver duties. A driver who must be tested does not use alcohol for 8 hours after the accident or until the alcohol test, whichever comes first (49 CFR 382.209). The driver stays readily available or may be treated as having refused the test. Medical care is not delayed, and a driver may leave the scene to get help or emergency care (49 CFR 382.303(e)).

Employer preparation. The employer gives drivers post-accident information, procedures and instructions before they operate a CMV (49 CFR 382.303(f)).

Police tests. A breath or blood alcohol test or urine drug test by law enforcement with independent authority meets the rule if it follows the applicable testing requirements and the employer obtains the results (49 CFR 382.303(g)).

Exceptions and records. The rule does not apply to occurrences that involve only boarding or alighting from a stationary vehicle, only loading or unloading cargo, or certain passenger car operations not carrying passengers for hire or placarded hazardous materials (49 CFR 382.303(h)). Documents generated in connection with decisions on post-accident tests are kept for at least two years (49 CFR 382.401(b)(2), 49 CFR 382.401(c)(1)(vi)). Testing follows the procedures in 49 CFR Part 40 (49 CFR 382.105).

Post-accident testing by agency. Separate pages cover the FTA post-accident rule, the FAA post-accident rule, the PHMSA post-accident rule and the FRA post-accident rule.